A civil lawsuit filed against the city of Owen in August 2021 by Thomas Jirschele and Andrea Mahnke was settled by the parties out of court and the case was officially closed March 4, 2024. The reason given for a settlement at this time was to avoid the expense and disruption of further litigation.
Neither party admitted infringement upon the rights of the other party, nor any unlawful conduct as part of the settlement agreement. They also did not admit any liability. The city agreed to pay Jirschele and Mahnke $70,000, including attorney’s fees “in full and final settlement of all claims or potential claims, whether known or unknown, from the beginning of time” to the date the agreement was signed by both parties. The payment was to be made within 15 days of receiving a copy of the agreement signed by Jirschele and Mahnke. The payment was divided as follows: $56,163.53 to Jirschele and Mahnke, and $13,836.47 to their attorney Feddick-Goodwin Law Office. Jirschele and Mahnke are responsible for payment of any taxes related to the settlement.
Both sides agreed to release the other from all claims related to the court case; all claims of contract or tort, personal injury, misrepresentation, fraud, detrimental reliance, emotional distress, defamation, retaliation, promissory estoppel, negligence, assault and battery and violation of public policy, and claims for monetary damages, other personal recovery of relief, costs, expenses and attorney fees of any kind; and all claims that have been asserted or could have been asserted by Mr. Jirschele and Ms. Mahnke against the city.
The agreement states that neither party should be deemed the “prevailing party”.
The agreement also extinguishes all rights and obligations due and owing under Section 1.E. of the Real Estate Sales Agreement executed on June 9, 2009. This relates to special assessments that were charged at the time of purchase in the amount of $17,500 for curb, gutter, water and sewer to be extended to the two lots purchased by Jirschele and Mahnke. It also states that “To the extent that any portion or covenant of this Agreement may be held to be invalid or legally unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected and shall remain in full force and effect.”
The agreement supersedes all prior correspondence, discussions and understandings on matters related to the court case. Jirschele and Mahnke signed the agreement on February 14 and Mayor Jalling signed on behalf of the city on February 19.
As of this time funds to pay the settlement are coming from the city and not being paid by their insurance company.
Neither side has commented on the final agreement.
